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1793 ORD GRANTING TO A M O'BRIEN DBA YELLOW CAB CO A FRANCHISE TO USE PUBLIC STREETS ETCORDINANCE NO. 1793 AN ORDINANCE GRANTING TO A, M. OtBRIENp D/B/p, YELLOW CAB COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORT- ING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF TEN (10) YEARSp BEGINNING SEPTEMBER 12, 19669 AND ENDING SEPTEMBER lZ, 19769 UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A GROSS RECEIPTS TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS; ALLEYS AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVID- ING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIP- MENT OF SAID GRANTEE; PROVIDING FOR THE SUPER VISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS QF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS; Section 1, There is hereb;; granted to A M Ot Company, hereinafter called grantee, the right, prBilege a~d/fr nchi e for a period of ten (10) years, beginning September 129 1966, and ending September 12, 1976, to operate a taxicab service in the City of Paris and on the streets, alleys, and public ways within the City Limits of said City for the transportation of passengers for hire. The grantee herein shall main- tain the principal office and place of business of said business within the cor- porate limits of the City of Parisa where the headquarters of said business shall be maintained. Section Z. The right, privilege and grant herein contained shall not be transferred or assigned without the formal action and consent of the Govern- ing Body of the Cit;T of Paris first had and obtained, and an,- attempted assignment or transfer of such rights and privileges by the grantee herein without first having had and obtained such consent and permission from the Governing Body of the City of Paris shal], operate ipso facto as a termination of the rights., privileges and grant herein contained. Section 3. That the taxicabs operated or maintained under said franchise shall be used for the purpose of transportation of passengers and thepersonal luggage of such passengers, Section 4. That all automobiles or vehicles used in connection with this taxicab service shall be operated in accordance with the laws of the State of Texas and ordinances of the City of Paris, and such future amendments there- of, or either of thems relating to or regulating the operation of motor vehicles upon streets or highways. Section 5. The City of Paris in reserves alX the ri hts ~ granting this franchise, fu11y retains and g , privileges and immunities that it now has under the law to fully patrol and police the streets a City9 and the granting of this franchise shall in9no wap ibterferesw th thethe rights of the City of Paris tO fully use said streets, alleys9 and public wa s for any other public utility9 nor shall this franchise in anY way interfere with the improvement or maintenance of an y ways, and the rights of the grantee here ntto usersaid,streetssshall atba lI ic times be subservient to the right of the governing bod;r of the City of Paris exercise its rights or control over said streets9 alleys9 and public Wa s•fu1Xy t Y Section 6. The grantee sha11,s during the life of this franchise, pay to the City of Paris at the office of the City Clerk in lawful money of the United States a sum equal to two (2) per cent of the gross receipts and total fares collected and other income derived fromthe operation of said taxicab busi- ness, which remittance sha11 be made monthly on or before the lOth day of the month following the month for which said respective remittances are- made9 and sha11 be accompanied by a verified statement of the gross re- ceipts for such preceding month. The granteeshall at a1.1, times keep a system of books and records which meet the approval of the City Clerk of the City of Paris and which adequately reflect upon inspection the amount of such gross receipts for each day of each month during such franchiseg which books shall at all times be subject to inspection by the City Clerk or any other designated agent or official of the City of Paris. The payments stipulated and provided in this section shall be in lieu of any other tax or assessment or charge by the City of Paris which may now or may hereafter be in force during the term of this franchise9 excluding only ad valorem taxes. Any neglect= omission or refusal by the grantee herein to file such veri- fied statement of gross receipts monthly9 as required,9 or to pay such speci- fied percentage of said gross receipts to the City of Paris when due and as specified, shall ipso facto work a forfeiture of this franchise and of all rights hereunder. Section 7. The City of Paris expressly reserves the right to modify9 amend9 alter, change or eliminate any of the provisions of this franchise9 during the life of the same, for the following purposes9 to-.wit: (1) To eliminate or delete from the same such conditions as then prove obsolete or impractical; (Z) To impose such additional conditions upon the grantee as may be just and reasonable, such conditions to be those as may be deemed necessary for the purpose of insuring adequate service to the public. Section 8. Notwithstanding what may be said in any other portion of this instrument with reference to the termination thereof9 this right is granted subject to the provisions of Article 1. Section 17 and 26 of the Constitution of the State9 the applicable state lawsa charter provisionsp and such future laws as may be enacted by the Legislature9 or amendments to the Constitution and the Charter of the City of Par.is. Furthermore9 the governing body of the City of Paris reserves the absolute right upon notice and a hearingwhich said notice shall beg2ven to the grantee not less than thirty (30) days before such hearing, to absolut ely terminate this grant fo r any violations of the terms and provisions of this ordinance. Section 9. That it sha11 hereafter be unlawful for the grantee, its offi- cers, agents or employees, operating any automobile for hire within the City of Paris, to cruise. Cruising shall consist of seeking, searching or solicit- ing employment while operating an automobile for hire9 by repeatedly and persistently driving such automobile for hire to and fro on the public streets of the City of Paris and offering accommodations thereof to prospective passengers, either by signal9 word of mouth, or by carrying a sign with the word "Vacant" thereon, or some other word of similar import or otherwise or in any manner whatsoever operating said vehicle upon the public streets o_f the City of Paris for the purpose of soliciting passengers or driving an auto- mobile for hire upon the public streets while unoccupied by a passenger with- out having a fixed destination thereof. Section 10. At alI times during the effective period of this franchise grantee shall have procured and kept in fu11, force and effect policy or policies of public liability insurance, covering each mother vehicle to be operated and operated under this franchises conditioned that the holder of the fra,nchise shall well and truly pay to the Mayor of the City of Paris, or his successor in office for the benefit of every judgment creditor who has been injured through the negligent operation of any such motor vehicle by the grantee or his employees, or will we1X and truly pay directly to any such judgment cre- ditor who has been injured, or whose property has been damaged, any amount or amounts of money that shall have been awarded by final judgment of any court of competent jurisdiction against such grantee on account of any such injury or damage, not exceeding for bodily injury or death to any one person the sum of Ten Thousand Dollars ($10, 000, 00), or the sum of Twenty Thousand Dollars ($20, 000. 00) for a11 persons injured in any one accident or occasionS and not exceeding Five Thousand DolXars ($5, 000. 00) for property damages arising out of any one accident or occasion. Any such policy of insurance shall further provide that each such cause of action shall survive in case of death of any injured or damaged person for the benefit of the benefi- ciary of any such person, and shall further provide that such policy shall be subject to successive recoveries during the time that the same may continue in effecto Any such policy of insurance shall be issued by an approved in- surance companyJ authorized to do business in the State of Texas. Section 11. In the event of the failure of grantee to fully discharge any claim for damages established by final judgment of a court of competent jurisdiction within sixty (60) days after the same has been so established9 this franchise shall automatically be forfeited. Section 12. Every taxicab operated by grantee under this franchise shall at all times9 have painted or otherwise impressed upon the front doors thereof easily visible signs bearing proper identification of the company operating under such franchise. A11 such vehicles shall be owned by and registered in the name of the grantee, and no other vehicle may be used under this fran- chise. Each of such vehicles shall be registered with the City Clerk of the City of Paris by motor number, ard the City Clerk shall assign for each such respective vehicle in numerical order9 beginning with the Number lp a number, which number shall atall times be displayed at some convenient location on both sides of the same. Section 13. It shall be the duty of the City Manager of the City of Paris to enforce the provisions of this ordinance and all other applicable regula- tions. Fie shall also recommend to the governing body of the City of Paris from time to time reasonable rules and regulations9 whichp when approved by the City Council, shall become biriding upon the grantee herein. Among other things, the City Council shall from time to time during the term of this fran- chise have the power and authority to promulgate effective regulations concern- ing the following, to -wit: (a) To make reasonable orders respecting character, extentp quality and standard of service of grantee to be provided under this franchise; (b) To fix such rates for service to the public as are not in conflict with the express provisions hereof as will provide for grantee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to the public under this franchise; (c) To prescribe the number of taxicabs to be operated by grantee, applying thereto the principles of public necessity and convenience; (d) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be rendered to the public under this franchise, any such rules and regulations when adopted to be binding upon the gra.ztee herein. Section 14. Motor vehicles operated by graatee under this franchise shall be known as "public service vehicles" and when not in use in the exer- cise of the privileges granted herein each of such vehicles shall be stationed or parked at the headquarters of the grantee herein, which headquarters shall be located on private property. Section 15. The word "taxicabs" as used in this ordinance shall mean any passenger vehicle with not more than two seats and a iiormal capacity not in excess of six persons9 which is not operated over a fixed route or routes and which is engaged for the purpose of carrying a passenger or passengers, by special trips to and from specified addresses as designated by any such passenger or passengers. Section 16. That the grantee shall promptly pay all lawful ad valorem taxes, and such other levies and assessments, if any9 that may be lawfully imposed upon it. Failure to pay any of such charges or either of them shall be deemed a breach of the privilege granted herein and the Citya upon the happening of such event9 may declare the rights of the grantee hereunder forfeited for such breach. Section 17. This grant is made upon the express conditions that the non- exercise of the power to regulate rates and charges which thegrantee may charge to the public in the operation of its business shall never be construed as an acquiescence or recognition of the justness or correctness of said grantee;s estabfished rate, and that so long as the governing body of the City of Paris does not exercise it; legislative and governmental power to fix and regulate the rates that the grantee herein sha11 charge to ti-ie public, the question of property values used and useful in the rendering of the service prior to rate regulation shal], never stop the City from determining the real or actual value of property used or useful icf rendering such service. If, and when, the City Council, or other governing body shall exercise the power to fix the rates to be charged for such service in the City of Paris no alXowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the grantee herein for such service. If, and when, the City Council decides to regulate rates, then at such time the Council will fully exercise its rate regulatory power under the provisions of law applicable thereto, and the failure to provide under this ordinance the machiner}j for the administrative, legislative or executive control of such mattershall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 18. Should it be determined that any clause, condition, or cove- nant of this franchise is, for any reason, illegal or unenforceable9 such clause, condition or covenant shall be disregarded and the existence of the same shall not affect the remaining clauses, conditions or covenants of this franchise. Section 19. That any unwarranted and intentional neglect, failure or re- fusal of said grantee to comply with any of the conditions and stipulations contained in said franchise sha11, thereupon immediately, ipso facto, effect a forfeiture thereofs and the said City9 by the City Council, may thereupon de- clare said franchise forfeited, and may exclude said grantee from further use of the streets of said City under said franchise, and said grantee shall thereupon and immediately surrender all rights in and to the same, and said franchise shall become null and void and of no effect. Section 20, Within ten (10) days after the passage of this ordinance by the City Council, the grantee herein sha1X file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant. Section 21. This ordinance shall become effective immediately upon passage. Passed and adopted this 12th day of Septemberp A, D„ 1966. , yo r ATTEST: . ~j • r City Clerk APP,I~OVED AS TO FORM: I\ ity Attor/iey.